임대차보증금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 12, 1995, the Plaintiff, a lessor, prepared and issued a “certificate of subscription for the lease of a shop,” stating that the lease deposit amount of KRW 91,000,000 (the remainder amount shall be 30 days prior to the opening date of the store, the opening date of the store shall be paid in full and the opening date) and the lease period shall be 20 years from the commencement date of the lease, to the department store in Seongbuk-gu, Sungnam-si, Seoul Metropolitan City, the second floor 665 (hereinafter “instant commercial building”).
(hereinafter “instant lease agreement”). B.
After paying the down payment and the first intermediate payment, on September 9, 2003, the Plaintiff paid the remainder of KRW 39,000,000 under the instant lease agreement to the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust”), which is the trustee, (hereinafter “Korea Real Estate Trust”), and on November 13, 2003, entered into a contract to modify the instant lease agreement with the content that the sum of the deposit and the lease deposit and the Korean Real Estate Trust was changed to KRW 66,30,000,000.
C. On February 28, 2006, the Plaintiff entered into a sublease contract of KRW 2,700,000 of sublease deposit and KRW 150,000 of monthly rent with respect to Nonparty D and the instant commercial building.
The trustee of the commercial building of this case was changed to the defendant from the Korean real estate trust to E.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. On May 1, 2003, Korea Real Estate Trust, which was a lessor and a trustee of the instant commercial building, was deprived of the Defendant’s interest by filing a petition for bankruptcy on May 1, 2003. The Plaintiff terminated the instant lease contract upon delivery of the duplicate of the instant complaint.
Therefore, the defendant who succeeded to the lessor's status is 28,00,000 won of monthly rent loss (total of 300,000 won from February 208 to December 2015).